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Home My WebLink AboutOrdinance No. 2002-04 Title: An Ordinance granting a Specific Use Permit to the Church of Christ of Friendswood, to authorize development and use of 9.267 acres at F.M. 528 and Desota Drive for Church purposes. ORDINANCE NO. 2pp2_na AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING A SPECIFIC USE PERNIIT FOR PROPERTY LOCATED AT F.M. 528 AT DESOTA DRIVE, SAME BEING 9.267 ACRES OUT OF A PORTION OF LOTS 1 AND 2, BLOCK 1, OF THE BEREAN BAPTIST AND BURGESS SUBDIVISIONS, GALVESTON COLTNTY, TEXAS, FOR USE AS A CHLJRCH FACILITY; IMPOSING CERTAIN CONDITIONS AND LIMITATIONS AS A CONDITION OF THE GRANTING OF SUCH SPECIFIC USE PERMIT; PROVIDING FOR THE AMENDMENT OF TI� ZOIVING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15, THE ZOIVING ORDINANCE OF THE CITY; CONTAI1vING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. * * * � * WHEREAS, the Church of Christ in Friendswood (the "Owner"), has requested a Specific Use Permit for property located at F.M. 528 at Desota Drive, same being 9.267 acres out of a portion of Lots 1 and 2, Block 1, of the Berean Baptist and Burgess Subdivisions, Galveston County, Texas (the "Property"), and situated within the corporate limits of the City of Friendswood, Texas (the "City"), said tract being more particularly described in E�ibit "A" attached hereto and made a part hereof for all purposes; and WHEREAS, the Property presently has a zoning classification of Single Family Residential ("SFR") pursuant to Ordinance No. 84-15, as amended, originally passed and approved the 19th day of November 1984, same being the Zoning Ordinance of the City; and 2002-04 FW D/SUP/CHURC H!2/19/02 WHEREAS, the Owner of said Property has made application to the City for the granting of a Specific Use Permit (SP)-Church Facility, as authorized by the City's Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission and the City Council of the City have, in the time and manner and after the notice required by law and the City's Zoning Ordinance, conducted a public hearing on such request for the granting of the Specific Use Pernut described above; and WHEREAS, the Planning and Zoning Commission has recommended and the City Council now deems it appropriate to approve such request; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: 5ect�on 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Sectio�2. A Specific Use Permit for use of the Property as (SP) Church Facility, subject to the terms and conditions set forth below, is hereby granted. Sectian3. The Zoning District Map of the City shall be revised and amended to show the Specific Use authorized hereby for the Property as provided in Section 2 hereof, with the appropriate references thereon to the number and effective date of this Ordinance and a brief description of the nature of the Specific Use authorized. Se.ctinn a. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City, save and except the granting of the Specific Use Pernut as herein provided. Sectu�. The Specific Use Permit granted hereby shall be null and void after the expiration of two (2) years from the date of adoption hereof, unless construction or use in 2oo2-oa FW D/SU P/CHURCH/1/28/02 2 accordance herewith is substantially underway during said two-year period, or unless an extension of time is approved by City Council. Se�tiau..t. The Specific Use Permit granted hereby shall also be subject to the following conditions: l. During Phase 2 of construction, sidewalks shall be installed along F.M. 528 and Desota Drive in accordance with the site plan submitted to the City and dated 11/06/2001. 2002. 2. Construction shall be in accordance with the application, including all plans attached thereto, all as set forth in E�chibit "B" attached hereto and made a part of this Ordinance for all purposes. Sect�on 7. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. SPrtinn R. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on �rst reading this 4"' day of February, 2002. zooz-oa FW D/SUP/CHURCH/1/28/02 3 PASSED, APPROVED, and ADOPTED on second and final reading this 18"' day of February, 2002. CITY OF FRIENDSWOOD, TEXAS Harold L. Whitaker Mayor ATTEST � Deloris McKenzie, TRMC City Secretary MOTION: COUNCILMEMBER TRACY GOZA 2ND: COUNCTLMEMBER KIM BRIZENDINE APPROVED: 4-0 (3 out) 2002-04 FW D/SUP/CHURCH/1/28/02 4 FROM :C. L'. Davis & ��mpany FAX N0. :281 482 1294 Nov. �9 2a01 11:03AM �2 EXHIBIT "A" Aii th�t certain 9.267 �cr�s being � portion of Lot 1 and 2, �3erean Baptist SUi�aivision accoraing to the piat th�reof fled in Volume I8, Page 202 Gaivestcm County M�� RecQrc�s �!�� r�r�:en �f �o� ?2, 3�srgess S�ab�iv�sion �ie�r�{^y �� the plat fihereof flled in Vol�me 11�, Page D4 Galveston County pe�d Records and being that same tract as described in a deed �ated 41-20-1999 from �rtendswoQd Bapti$t Church tv C#�urcn of Christ in firiendswood as filed irt 0fficial �2ecords of Rea� Property of Gaiveston Co�nty at Cferk's File Number 9919094 Fiim Code Numbsr 013-50-2�2 anc� being out of George W. Psttetson Survey Number 6, Abstract Number — 645, Frie�►dswood, Galvesto� County� T�xas and being more p�rticularly described by metes and bounds as f�liows; Beginning at a call and faund 1" iron pip� marking the in�ersec.tion o�F the southeasterly r�ght-Qf-w�y I�ne of Farm €�ark�t Road 528 (1.80' wid�) and the southw�st�rJy right-of-way line of p�Sota Drlve {60'wide}; �.. Thence thE fol(owing nin� (9) cour�es with the southwester(y righ�-of-way line of said DeSota Driv� as es�abflshed by Somerset Place according to the plat there�f�iled in Volume 18, Page 302 Galvestan County Map�Recards; 2. Th�nce S 48° 48' �2"� —41.9�' (pfat 4Q.00� to a found SJS" iron rod mark:ng a point or� a cu�v� to the lef� having a radius of 500.00'and a central artgle of Q7° 12' 5�."; 3. Thence with sa�d cu�ve an arc �istar�ce of 62.96' and a chord bearing and dist�nce oF S 52° 2S' 18" E — 62,91' to � found 5j8" iron rod fvr corner; 4. Thence S 56° 01' 44n E — 10Q,00'to a found 5/8" lron ro� marking a point on a curve to thc right having a radius of 44�.Q0' and a centraf angl� of 07° 12' S�"; 5. Thence wi�h s�id curve an �rc distar�ce of 55.40' and a chord bearing and distance of S 52° 25' 18" E— 55.37'to a found 5j8" iron rod for corner; 6. Thenc� S 48° 48' S2" E — i00.00' to a found 5/8" iron rod marking a paint on a curve to the right having a radius of 440.00' and a central angle of 13° aQ' 3$". , 7. 7'hence with said curve an arc dis�nce of 99,91' and a chord bea�ing and d�st�rc� �, 5 ��° ;.6' 3�" c— 99.6�' ta a fou�d 5�$" ir�n rod �or carner, 8. Thenc� S 3S° 48' 17" E — la0.p0'to a found 5J8" ir�n rnd marking a point on a curve ta th� left having a radius of 500.�0` and a central angle n� 13� �pr 35"� r Received Tim� 1�ev . 9 � � 1 : 1 ?,�1i4� FROM �:C. L, Dav i s & Company FAX N0. :281 4�2 12'�d. Nov. 05 �001 11�04AM P3 ' 9. Thenc� with said cunre an arc dist�nce of 1i3.�3' �nt3 a c�tord bearing and distance of S 42° 18' 34" � — 113.29} �o a fourad �%�`' irnn rod �or corner; lO.Thence S 48° 48' 5Z" � — 44.55' to a set 5JSf' �ron rod wit� cap for corner� �.1.Thenc� 5 41° 11` 08" W — 357,5?' with the northwesterly iine Qf Biock 1, Mission �'states Subdivision 5ectian 2 according to tt�e plat thereof filed in Volume 18, Page 90 Galveston County Map Records to a s�t 5j8" iron rod with cap for carner; 1Z.7h�ncA N 57° 55' 07" �1t — 411.50' continuing �v1th the r�orthwesterly line ofi s�id 81ock 1, Mission Estates S�c�ion Z �o a s�t 5J8" iron r�d with �ap fior cor�er; 13.Thence S 00° 4Z' 00" Vd — 177.1�i' confi€nuing wit;� t�e not'thwes�erly Iine af said Block 1, Mission �states Sec�icn 2 fio a s� 5J8" iron rod v,rith r,�p ��r- earn�r� 14.T#�ence N 48° 48' 5Z" W — 437,97' w�th the so�thwest�riy lene of that said Church of Chris� tn Frien�swcod �ract to a caU and �o�nd 1" iron pipe far corner; 1S.Thence N 4�.° 07` 19" E — 10�.OZ` vtirrth the southeasterly right-af-w�y Iine oi said Farm Market Road 528 to a caEl and �ound disc in concrefie �or corner; �.6.Thenca N 41° 05' 34" E — 563.61' continuing with the southeas[erly rlght-of- way Iine of said Farm Market Road 528 to the P��NT" OF �E�;IyNING and con�aining 9.�67 acres of land more or less. n � � - ' -...i� n. � � ______�..___�_._--.. , • • , �`"� � .� J �� o� ,�. � .�P � yOSO�c Q�P o� �� O� OF�OTq O �P�� T,S, �// S�,�D ti c�, - !.9 CH RCH OF CHRIST s9<<� IN RIENDSWOOD °� ti� h �� 5�� 9 O,p V� � P� J ,�P I�,y�e�0 SqN ��SF c� CORQ o � �A�C / S�� ✓pqQ�/� _. � PkWY z ZLA LqCA V�- a� � DEST�� CN h� \��o �o � �� \ . �� ! / � �vJ